Incidents of employee defection where an employee takes confidential trade secrets can very quickly escalate into aggressive cease and desist demands, a run up the courthouse steps, and intense litigation. But one thing that employers must keep in mind is whether some of the files the employee improperly acquired contains private information the employee is not authorized to possess. In his article for Risk and Compliance, Usama Kahf outlines steps employers should take, depending on the applicable state or federal law, to determine whether or not the missing information constitutes a data breach.

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